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BHS students planning event to honor veterans on Nov. 9

By Howard B. Owens

Students and staff at Batavia High School are hosting a ceremony honoring Genesee County's veterans at 10 a.m. Friday Nov. 9 at the school.

The ceremony will be held in the auditorium. There will be performances from the high school band and chorus, a student representative speaker, and a keynote speaker, and a reception after the ceremony in the school's library.

The ceremony is open to all local veterans and their families. Veterans who plan to attend should email Jane Haggett, JHaggett@bataviacsd.org. Veterans are invited to include a picture with their response.

Photo: Students Cooper Mattice, Ryan Weaver, Elle Fulton, and Lyndsay Debo. Not pictured, Gyna Gibson, whom Haggett said was the real driving force behind organizing this year's event at the school.

Batavia Kiwanis, Batavia's Original team up to bring back Halloween parade

By Howard B. Owens

Press release:

Batavia’s Original Pizzeria and the Kiwanis Club of Batavia are thrilled to announce they have partnered together to bring back the Kids' Halloween Parade.

The parade is going to be held on Sunday, Oct. 28th, starting at 1 p.m. The lineup will begin in front of Dan’s Tire & Auto at City Centre Mall. Kids should arrive a little early to get their place in line.

The parade route will end at Batavia’s Original parking lot where there will be a variety of games and snacks for kids, live music, and prizes given for the best costumes.

The Kiwanis Club and Batavia’s Original are excited to bring back this free family friendly event to the community!  The event is going to take place rain or shine so please dress appropriately.

Call 343-3303 for additional details or questions.

Kids' Halloween Parade Route:

Starting in front of Dan’s Tire & Auto (on the backside of City Centre Mall) the kids will go straight until they reach Washington Avenue, where they will take a right. The parade route will follow along Washington Avenue and then take a left onto Ross Street and a quick right onto East Avenue.  From East Avenue the kids will take a right onto Vine Street, then a left onto Chase Park, followed by a right onto Elm Street.  The route crosses Main Street and takes a left into the Batavia’s Original pizzeria parking lot.

Photo provided by WBTA.

Main St. Pizza donates $4K to Sheriff for new K-9; tribute planned for 'Destro'

By Howard B. Owens

Vic Marchese, owner of Main St. Pizza Company donated $4,000 this morning to the Sheriff's Office to be used toward the purchase and training of a new K-9.

The department's K-9 "Destro" died unexpectedly two weeks ago and the Sheriff's Office is just beginning a fund-raising campaign for a new dog.

Photo submitted by the Sheriff's Office: From left, Deputy Chris Erion -- Destro's partner, Vic Marchese, Sheriff Bill Sheron, and Undersheriff Greg Walker.

The Sheriff's Office is also planning a tribue to Destro on Wednesday. Press release below:

A tribute to honor Genesee County Sheriff’s Office K-9 “Destro,” who passed away last week after a very short battle with cancer, will be held next Wednesday, Oct. 24, 3 -7 p.m. at the Genesee County Sheriff’s Office, 165 Park Road, Batavia.  The public is welcome to stop by and enjoy refreshments while viewing a slideshow of Destro’s accomplishments. His handler, Deputy Erion, will also be in attendance.

The K-9 program is a valuable asset to the Sheriff’s Office and surrounding law enforcement agencies. The K-9 team is used for search and suspect apprehension, locating missing persons including missing children and Alzheimer's patients, contraband and drug searches, tactical tracking, evidence recovery, building searches, patrol, and public presentations.

The Genesee County Sheriff’s Office has been able to maintain a K-9 team for the past 16 years with support and donations from the public along with county funding. Public support and donations are vital to the continuation of this worthwhile program and are used to help offset the cost of food, veterinary services, training, equipment, and other K-9-related expenses.

Deputy Erion will continue to be the K-9 officer and has begun the search for a new K-9. The cost for a police dog ranges between $7,500 - $10,000 and a 15-week K-9 training course costs approximately $5,000.

The Genesee County Sheriff’s Office is respectfully requesting your help to raise funds to continue this program, a critical service to the community. Donations can be made payable to and mailed directly to Genesee County Sheriff’s Office K-9 Fund; 165 Park Road, Batavia, New York 14020. A GoFundMe page has also been created, and the link is available from the Genesee County Sheriff’s Office Facebook page.

Please consider making a donation to the K-9 Fund; your support is greatly appreciated.

Photos: Byron-Bergen students participate in Community Action Day

By Howard B. Owens

On Tueday, seventh-graders at Byron-Bergen Junior/Senior High School joined in with the Village of Bergen for Community Action Day, going to Hickory Park, Zuber Park, and the Community Gardens to rake, weed, pick up sticks, and plant flowers.

This is the third year students have particpated in the event. The class will return to the parks in the spring to plant flowers and spread mulch as well as do any cleanup that is needed.

Photos and info submitted by Principal Patrick McGee.

Collins says he's innocent and he may have narrow path to beat insider trading case

By Howard B. Owens

Rep. Chris Collins says he will clear his good name when his insider trading case goes to trial in February 2020.

But to do that he may need to convince a jury that he didn't tell his son about a failed medical trial for a new drug developed by Innate Immunotherapeutics when Collins called him from the White House lawn June 22, according to an attorney who specializes in insider trading law.

Robert Heim is a former Securities Exchange Commission attorney who now works as a private defense attorney for those accused of violating securities laws.

"Perhaps Mr. Collins might argue that somehow the information was either public or had been leaked out, but on its face, it seems like a very difficult case for him to beat right now," Heim said.

Neither Collins nor his attorneys have shared what his defense might be, but as Heim acknowledged, prosecutors have a lot of evidence related to the number and timing of phone calls, text messages, and trades, which is why Collins will need to offer a convincing explanation for the June 22 phone call.

On June 22, at 6:55 p.m, Collins received an email from Innate's CEO, Simon Wilkinson, informing Collins, who was among the company's largest shareholders and a member of Innate's board of directors, that a critical trial for a new multiple sclerosis drug had failed.

"I have bad news to report," Wilkinson wrote, according to government documents. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

Innate was a single-product company and the trial's failure meant it would not bring that drug to market.

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

According to prosecutors, Collins immediately attempted to contact his son, Cameron Collins. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16 p.m., father and son finally spoke with each other.

Chris and Cameron spoke for six minutes and eight seconds.

There was no wiretap on the phone call, and prosecutors have not indicated that they have any direct knowledge of what Collins told his son.

Prosecutors will attempt to prove Collins told Cameron of the failed MIS416 trial, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

Heim said Collins will need to convince a jury that he discussed with Cameron something other than the MIS416 trial, be it the weather, or "wow, I'm at the White House," wedding plans, or some other topic that seemed urgent at the time.

"I've worked on insider trading cases like this for about 20 years now and almost always these are circumstantial cases," Heim said. "People rarely come in and admit to committing insider trading, so a jury is going to really have to look at the various facts in terms of timing the phone calls, the timing of trades, and people's explanations to really come up with a decision as to what's more likely: Was this inside information discussed? Or were they talking about other things and this just happens to be very poor coincidental timing?"

If the failed drug trial was a topic of the June 22 phone call, Heim indicated Collins is going to have a hard time proving his innocence, especially in a Second Circuit court. The Second Circuit, he said, has a "loose standard" on what constitute's "tipper liability."

"If you're passing on information, the inside information, to a family member that satisfies what's called the 'personal benefit test' that is required to be proven for the government to win an insider trading case," Heim said.

Chris and Cameron Collins, along with 66-year-old Stephen Zarsky, father of Cameron's girlfriend, Lauren, are charged with in Federal Court with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

Lauren and her mother, Dorothy have already settled with the SEC.

The morning after receiving his father's call, according to the SEC complaint, Cameron started to act on the allegedly non-public information, including selling stock and tipping the Zarsky family.

If Chris Collins can successfully argue that he didn't tell his son about the non-public information, then Cameron may need to prove he obtained it from another source.

It's not illegal to buy or sell stocks on "insider information" if it was legally obtained. For example, if Cameron overheard his father or somebody else talking about the failed trial with a person who was authorized to share the information, he can do as he pleases with the information.

Barry Switzer, former University of Oklahoma football coach, was at a track meet in 1981 when he overheard a company CEO discussing his firm's plans. The next day, Switzer and his friends acted on the non-public information and eventually made $600,000 on the trade. Switzer was charged with insider trading, but a court ruled in Switzer's favor.

"The court said that that's not illegal as long as you're not breaching some sort of duty or someone's not telling you the information in violation of a confidentiality agreement," Heim said. "That a legitimate defense."

Cameron's case hinges entirely, it seems, on how he knew to dump his 1.4 million shares of Innate stock just before news of the failed trial went public.

"In order for that chain to be legally actionable it has to have as the source a breach of a fiduciary duty or some other duty that's owed to the company and its shareholders," Heim said. "And that Cameron received that information separately, not from his father but by perhaps overhearing a conversation. Then if he's successful in that argument then, yes, he's free to tell other people about that information and essentially tip them because he did not breach his duty in the first instance by acquiring that information."

Besides the record of phone calls, texts, and trades, the prosecution may have other evidence that  is not yet publicly disclosed, Heim said. We also don't know how Lauren and Dorothy Zarsky, or others, might cooperate with the prosecution. There could have admissible information that supports the prosecution's theory that Chris Collins tipped Cameron Collins.

Witness testimony gets complicated, Heim said, because of trial rules involving hearsay and spousal privilege but there could be supporting witness testimony that is used at trial.

Without wiretaps, Heim said, "this could come down to a he-said-she-said type of scenario."

Based on the evidence made public so far, Heim said it seems like the government has a pretty solid case.

"It looks like there was a very thorough investigation, Heim said. "They put together the best evidence they could into a circumstantial case. Now I think really falls on Mr. Collins to come forward with some explanation or evidence as to what other topics were discussed in the calls and why they were being made at that particular time."

Photo: File photo.

NOTE: The Batavian has requested multiple of times an interview with Rep. Chris Collins. He has not agreed to an interview so we have been unable to ask him questions related to his insider trading case or even questions relevant to his bid for reelection.

UPDATED: Power outages reported in Batavia

By Howard B. Owens

Dispatchers are receiving multiple reports of power outages in the City. 

National Grid has not yet reported the extent of the power outage. 

There’s a report of a transformer explosion and fire by Dan’s Tire at City Centre. 

There is also a power line down at Watson and Evans. 

City Fire’s second platoon requested to the station. 

UPDATE 1:06 p.m.: National Grid is reporting at least 13 power outages in the City effecting more than 2,000 customers. The largest area is along Route 5 to the east out past East Pembroke and along Route 98 to the south. ETA for restoration is 3 p.m.

UPDATE (By Billie) 1:25 p.m.: The fourth platoon is called to city fire headquarters. National Grid is on scene at City Centre to repair the transformer.

UPDATE (By Howard) 1:49 p.m.: City PD would like to remind everybody that intersections where signal lights are out should be treated like a four-way stop. The Richmond Memorial Library is closed because of the power outage. It will reopen at 5 p.m. if power is restored.

UPDATE (By Billie) 3:08: Currently no power outages are reported in the city, according to National Grid. There are still two small outages in Alexander, and one in Pavilion.

UPDATE from National Grid 3:16 p.m.:

National Grid spokesman David Bertola replied to The Batavian's email asking what cause the outage: "At around 1:50 p.m. today, an animal came into contact with a feeder line at one of our stations, which caused around 5,000 customers to be without power. Once the site was cleared and repairs made, customers’ power was restored in stages. I was told that everyone’s power (in the city) was restored at around 2:35 p.m."

Elba selects Cosgrove principal as new superintendent

By Howard B. Owens

Press release:

The Elba Central School District’s Board of Education has selected Ned Dale as the district’s next Superintendent with a starting date of Nov. 26.

“It is truly an honor to be selected as the next Superintendent of the Elba Central School District, Dale said. "I look forward to working with the students, community and staff to ensure that we are providing the best opportunities possible.

"Collaboration and communication will be my primary goals as I learn more about this incredible community. I am grateful to the leadership and commitment that Mr. Keith Palmer has provided the district during his tenure and I hope to continue the progress that the district has made to date.”

Michael Augello, Elba Central School District’s Board president, said: “The Board of Education would like to thank the two other finalists for their interest shown in this position. This was an extremely difficult decision as all three are highly qualified individuals.

"We truly value the input received from the various stakeholder groups, including faculty, staff, and community members who met with the candidates to help us make a final decision. The board is confident that Mr. Dale will lead our district through the issues we face in our region. With his leadership, we will work together to deliver the best education possible for our students.”

Dale currently serves as the Principal of Cosgrove Middle School, Spencerport Central Schools, a position he has held since 2007. Dale began his career in education in 2000 as a school counselor/teacher leader at Spencerport High School. He continued his career at Spencerport Central Schools serving as the Assistant Principal of Cosgrove Middle School.

 During his career at Spencerport Central Schools, Dale has supported the development of a rich curriculum and aligned assessments, and also developed three tiers of Response to Intervention in English Language Arts and Math in collaboration with other administrators and stakeholders.

Through his leadership, Cosgrove Middle School was designated as a School to Watch based upon the collaboration of the New York State Education Department, New York State Middle School Association and National Forum to Accelerate Middle Level Reform.

As President of the Spencerport Administrators and Supervisors Association, Dale has successfully negotiated three 3-year contracts for the entire association.

He also established an approved APPR plan for principals that was accepted by the New York State Education Department.

Dale earned a Bachelor of Arts in Sociology from St. John Fisher College, and a Master of Science in Counseling and Human Development from the Warner School of Education at the University of Rochester.

He completed the New York State Superintendent Development Program at SUNY Oswego and holds permanent certifications in School Counseling, and as a School District Administrator.

Dale replaces Keith Palmer who recently announced his plans to retire.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff and the community.

DCCC jumps into NY-27 race with more resources for McMurray

By Howard B. Owens

Press release:

Nate McMurray, Democrat and Working Families Party Congressional candidate in NY-27, today announced that he has been added to the Democratic Congressional Campaign Committee’s Red to Blue program, which recognizes top-tier candidates who are running strong campaigns.

McMurray’s addition to the DCCC Red to Blue program is further proof of his momentum following a week of impressive fund-raising figures; polls showing the race is a dead heat; and news that his opponent, Chris Collins, who was indicted on charges of insider trading and lying to the FBI, will not even stand trial until 2020, more than a year into the next congressional term.

“It’s gratifying to have earned this support of the DCCC," McMurray said. "It’s clear that they see what we see: our grassroots support is real and that we’re building momentum by talking to neighbors, getting small dollar donations, and standing up for what’s right.

"We’re sticking to our values of economic fairness and integrity, and voters are putting country before party because nobody wants a Congressman out on bail. People are tired of a system that’s rigged against them and know that we need real change to make it happen.”

“As Town Supervisor of Grand Island, Nate is a proven leader who has a record of working for Western New York. Nate’s emphasis on putting people first has helped him build a strong grassroots campaign that is highly competitive and prepared to bring ethical representation to New York’s 27th Congressional District,” said Democratic Congressional Campaign Committee Chairman Ben Ray Lujan. 

Already, McMurray has welcomed the support of Democratic National Committee Chairman and Buffalo-native Tom Perez as well as New York Lieutenant Governor Kathy Hochul, Congressman Brian Higgins, Congressman Paul Tonko and the endorsement of almost every major local and national union.

Surging support for McMurray comes as national Republicans are running away from Chris Collins. Last month, National Republican Congressional Committee Chairman Steve Stivers told reporters, “I don’t plan to spend a penny in that race."

Red to Blue is a highly competitive and battle-tested DCCC program that arms top-tier candidates with organizational and fundraising support to help them continue to run strong campaigns. Additionally, the DCCC provides strategic guidance, staff resources, candidate trainings, and more.

Accident reported on Kelsey Road

By Howard B. Owens

A motor-vehicle accident is reported in the of 8087 Kelsey Road, just north of the Thruway, Town of Batavia.

Unknown injuries.

The vehicle struck a tree and is now in the woods.

Town of Batavia fire and Mercy EMS responding.

UPDATE 11:48 a.m.: Mercy Flight on ground standby.

UPDATE 11:51 a.m.: Deputy on location reporting extrication will be required. No word yet on seriousness of injuries.

UPDATE 11:53 a.m.: The patient is out of the vehicle. Extrication not required. There are fluids leaking around the vehicle.

UPDATE 11:55 a.m.: Mercy Flight can stand down.

UPDATE 12:17 p.m.: Town of Batavia back in service.

Beth Kemp steps down as director of the BID

By Howard B. Owens

Beth Kemp, executive director of the Batavia Improvement District, has decided the business she co-owns with her husband Brian, T-Shirts Etc. needs more of her time and attention so she's resigned her position.

"It was an extremely hard decision for me because I love working as director of BID but T-Shirts Etc. continues to grow and I felt it was shortsighted of me to allow my own small business to struggle and continue my role here," Kemp said.

"I was only able to maintain a few hours at T-Shirts Etc. while working for BID, which was definitely not enough to support what we need to do over there."

Kemp has given notice to the board but she didn't share her final work day.

The Batavian reached out to Jennifer Gray, president of the BID Board of Directors, for comment and information about finding a replacement for Kemp but we have not yet received a response.

Kemp became director in November 2016.

"This opportunity has been amazing and I am so thankful to have been able to work with so many amazing people in our community," Kemp said. "In the past two years we have put in a lot of work in.

"We are in a great place with our finances, events, sponsorships, business relationships, community relationships, and mission. I look forward to still volunteering for events and community projects as the BID needs."

File photo.

Batavia now has three vacant big box locations to fill but Batavia Downs has interest in Kmart location

By Howard B. Owens

For the third time in 13 months, Batavia is losing a big box store -- Office Max; Bed, Bath & Beyond; and now Kmart -- and given the nation's retail trends, it's by no means certain any of these vacant buildings will be filled any time soon.

The last time a big box closed prior to this spate of going-out-of-business sales, it took the landlord only a year to replace Lowe's with Dick's Sporting Goods and Kohl's Department Store but since then e-commerce sales have grown to represent 8 percent of all retail sales (Lowe's announced its closure seven years ago today).

It's also become harder for Industrial Development Agencies in New York, such as Genesee County Economic Development Center, to offer incentives for retail development.

Still, Tom Turnbull, president of the Genesee County Chamber of Commerce, is optimistic none of these big buildings will sit vacant long. He's a Batavia native and has seen a lot of businesses come and go.

"I call it the business circle of life," Turnbull said.

Turnbull remembers when Kmart was located where Aldi is now, and he remembers Twin Fair where the Department of Social Services is now and Valu Home Store in what is now County Building #2. He remembers W.T. Grant at the corner of Harvester and East Main and when Eli Fish Co. was Newberry's.

"It's the ebb and flow of business," Turnbull said. "You never know what is going to happen, especially with these big national retailers. It will fill up again and then it may be empty again."

There have been rumors, which Turnbull has heard, too, that Batavia Downs is interested in the Kmart property.

"It makes a lot of sense for them to have that property," Turnbull said. "It would be good for them and it would be good for us -- it's not unusual for big box stores to sit empty for a long time and become a real eyesore so it would be great for Batavia Downs to come in and swoop it up. It would be good for everybody."

Ryan Hasenauer, director of marketing for Batavia Downs, said in a statement this morning that, "While we do not currently have any timeline information on the store’s closing, we would not rule out an interest in this or any adjacent property to Batavia Downs if it were to become available. Regardless of what happens with the property, we will reach out to Kmart management for some job placement opportunities at Batavia Downs for Kmart employees that will be impacted with a layoff."

The Kmart store is 115,554 square feet and sits on 10.3 acres. The total assessment is $4.1 million, according to county records. The store was built in 1994. The listed owner is Wilmington Trust Company.

Wilmington Trust is affiliated with M&T Bank and specializes in, among other things, acting as administrator for properties held in trust. A trust is a legal entity that holds title to a property for the benefit of another person or group of people, such as heirs to an estate.

While Wilmington Trust is listed as the property owner, Wilmington is strictly and administrator of the property for the beneficiary of the trust, said spokesman Kent Wissinger. The beneficiary is the actual owner and has sole discretion on whether to sell or retain the property.

There is no information available on who is the beneficiary of the trust.

How any potential sale of the property might be handled, Wissinger said, is subject to the terms of the trust and he said he didn't have access to that information.

County records seem to indicate the trust has held title to the property since at least 1994.

Kmart, a subsidiary of Sears Holdings Corp., which declared bankruptcy after years of financial struggles, has not announced a closing date for the store.

Collins in virtual tie with McMurray as donations to his campaign dry up

By Howard B. Owens

A poll released today by Siena gives Rep. Chris Collins a mere 3-percentage-point lead over challenger Nate McMurray in the NY-27 congressional race.

Three percentage points are within the margin of error -- plus or minus 4.7 percent -- making the race a statistical dead heat. 

This matches the results of an internal poll released by McMurray's campaign last week that showed the race tracking as a tie with three weeks left until Election Day.

In response to the release of the poll, McMurray issued the following statement:

“This poll tells us what we already know, that voters are choosing country over party. They’re motivated based on who will help families like theirs rather than simply voting along partisan lines. We always knew this would be a close race, and this poll shows that it’s neck and neck. But our TV ads went on the air yesterday, after this poll was conducted; our grassroots support is strong, and as more voters tune in to the race and learn that they have a real choice, we’re more and more confident.”

The Batavian emailed Natalie Baldassarre, campaign manager for Collins, and asked for a statement from Collins -- not her -- about the poll, his third-quarter fundraising report, which includes a campaign expenditure for the use of a private jet. We have not received a response.

Political reporter Ryan Whalan with Capitol Tonight in Albany said in a tweet this morning that he has made several requests to Collins for an interview and has been rebuffed. Since his arrest on federal charges of securities fraud, wire fraud, and lying to the FBI, Collins has largely avoided contact with the media or answering tough questions.

His only campaign appearances have been at invite-only Republican events. After The Batavian was unable to secure an interview with Collins, we announced we would stop publishing his campaign press releases until he sits down for an interview with The Batavian. The deadline for the interview is this Friday and Collins has yet to agree to an interview.

The Siena Poll results released doesn't break out how Collins is doing vs. McMurray in Genesee County, but it does say McMurray is leading in Erie County 46 to 45 percent. Collins is leading in the rest of the 27th District 46 to 42 percent.

Reform Party Candidate Larry Piegza is favored by 1 percent of the voters.

While Collins has a narrow lead in the race, the indicted congressman has a much higher unfavorable rating than McMurray, 49 to 21 percent. 

In most congressional races throughout the country, women are trending toward supporting the Democratic candidate but not in the NY-27. Collins is supported by 46 percent of the women polled compared to 42 percent for McMurray.

McMurray also seems to be bucking the trend of Democrats picking up younger voters. In the under 55 demographic, Collins leads 49 to 42 percent. McMurray is fairing better with older voters, where Collins' margin is a mere 2 percentage points,  45 to 43.

McMurray leads the race among nonpartisan voters 46-45 percent.

Siena surveyed 490 likely voters in the district between Oct. 6 and 11.

President Donald Trump's approval rating is 56 percent among voters in the district, much higher than his 42 percent approval rating nationally.

Fifty-six percent of those polled want to see the Republicans maintain control of the House of Representatives.

Meanwhile, since his arrest, Collins has seen donations to his campaign fall off a cliff, according to the Buffalo News.

Collins, who reportedly had more than $1 million in his war chest before his arrest, raised $32,755.74 in the third quarter, and only $2,955 was donated to his campaign after his arrest.

All but $80 of the money donated to Collins in the last round came from residents of the 27th District.

In the quarter, Collins spent $233,369 on advertising, $40,147.33 in legal fees and a $7,895 on a charter flight.

Members of Congress must justify travel expenses as a legitimate campaign activity to spend campaign funds on travel, according to House Rules.

Baldassarre told the Buffalo News that the chartered plane was used to return Collins to Buffalo after his arrest in New York City on Aug. 8. Collins was hours late to a press conference he scheduled and congressional staff at the time (the event was staffed by government employees, not campaign employees) told members of the media that his flight had been delayed. Though Collins called a press conference, he refused to take questions after issuing a statement.

The Batavian tours the Buffalo Detention Facility

By Howard B. Owens

In the middle of the 650-foot main corridor of the Buffalo Federal Detention Facility in Batavia, along a 50-yard section of white concrete block wall, are hand-painted images of flags from all over the world, dozens and dozens of them, one to represent each country for every detainee who has ever been held at the facility.

It's one of the first things a new detainee will see after going through the processing center and being led to the unit where the detainee will be held for the next several weeks, maybe months.

Some visitors who see the wall, said Thomas Feeley, field office director for Immigration and Custom Enforcement, think the flags represent "everybody who has been captured" by ICE, sending a negative message to detainees. But that's not at all how detainees take it, Feeley said. "There's an odd sense of pride" when they see the flag of their home country, knowing a fellow resident had been through the facility before.

"It makes them feel like they're not alone," Feeley said. "They realize nobody hates them because they are here illegally. It's just a process for them to go through."

A multicultural population

On any given day, there are 636 detainees in the facililty from as many as 80 different countries, said Jeff Searls, the facility's officer in charge.

Searls, Feeley, and Public Information Officer Khaalid Walls provided The Batavian with a tour of the facility Monday morning. It's the first time a reporter from a local media outlet toured the facility.

"The only two countries that have never been represented here are North Korea and the Vatican," Searls  said, and he doesn't expect the Pope to enter the country illegally any time soon.

The average stay for detainees -- "detainees" are not "inmates" because the Buffalo Detention Facility is not a place for punitive confinment -- is 65 days. Searls explained that sometimes a detainee might be admitted who won't challenge deportion and they can be sent to their country of origin within days, while others might fight deportation, and depending on the court proceedings, can be held for a year or two.

"We don't want anybody here longer than they need to be," Searls said. "My goal is the shorter the stay the better."

The Bufffalo Detention Facility is one of the county's more significant employers, with 360 staff members in administration, maintenance, detainee supervision, medical and other services. Almost all of the employees come from Genesee County or one of the adjacent counties. Searls is from Genesee County and Feeley lives here as well and volunteers with his local fire department.

It's also the Federal government's most significant presence in Genesee County.

Only four other facilities like it nationwide

There are only four other similar facilities in the nation -- in Miami, Phoenix, and two in Texas -- Port Isabel and El Paso.

The facility's annual budget is somewhere between $30 million and $35 million, excluding medical expenses for detainees (which operates on a separate budget from what Searls administers).

Its two federal immigration courts are technically open to the public like any other courtroom, but the court calendar isn't easy to obtain. There is not a regular flow of information about detainee admissions or deportations.

And, of course, immigration and immigration enforcement is a hot political topic.

Yet, unless there's a protest outside its gates, its operations are nearly opaque to local residents. When it comes to immigration enforcement, even with this big federal presence, we rarely hear about what's going on right in our own backyard.

That is unlikely to change but it's also why The Batavian requested a tour.

We have no pictures from our tour because photography is prohibited inside the facility.

Most of the detainees at the facility have some prior criminal record before they're admitted, anywhere from 65 to 80 percent, with the balance being held purely on an immigration law violation, Searls said.

The process upon arrival

When a detainee arrives, they are held for up to 12 hours in a processing center. They are interviewed and given a medical exam. The process helps determine where best to place them in the population and whether they have any immediate medical concerns that would require them to be segregated or hospitalized.

Detainees being held on just an immigration violation are given a two pairs of blue pants and a blue shirt. Those with a non-violent criminal record (petit larceny, DWI, etc.) are dressed in orange. Those with violent felony convictions wear red.

Orange detainees can intermingle with blue or red detainees but blue and red are never placed in the same unit.

Besides criminal threat level, staff processing detinees must also consider country of origin and religious belief when deciding where to house a detainee. Typically, people from the same country enjoy sharing the same detainee unit but two people from the same country might belong to opposing tribes and two people who share a common religion might come from competing traditions (shch as Shia and Sunni Muslims), so it might be best to keep those individuals segregated from each other.

It can get complicated.

"We have somebody who has been doing that job for a long time," Searls said. "He's very professional."

The detention facility was built in 1998 and originally housed 425 detainees and prisonors for the U.S. Marshall's Office. It was expanded in 2013 and is now strictly an ICE facility.

Inside the walls

There are three diamond-shaped units on the west side of the facility, each with two wings. One wing is almost exclusively detainees in red uniforms with a common area ringed by locking cells with two beds each (except for the handicapped cells, which each contain one bed). Detainees are generally given unlimited access during the day to the common area for socializing and exercise. They are locked in their cells by 11:20 p.m.

In the other wing, there are two bays with common areas on the first floor and then bunk beds with lockers, no cells, on the first and second floors.

Both wings have TVs and a bank of phones that are accessible to detainees any time they want to make a phone call. Searls said there is one phone per six or seven detainees.

The detainees can also play ping-pong.

During designated hours, they can go outside where they can play soccer (the facilities most popular sport by far, Searls said), basketball or handball.

There is also an indoor basketball court, an entertainment library, where detainees can also take art classes, and across the hall from that library is a law library where detainess can research laws and legal cases. Some detainees choose to represent themselves. Others just want to double check their own attorneys.

There are also computers available in their holding areas available for legal research.

Detainees also have access to tablet computers that they can use to rent movies, TV shows, or books, through a private service, or make video calls to loved ones.

For female detainees, there is now a knitting class available.

Detainees can also study for the GED while held at the facility.

"These accomodations keeps them busy and keeps them happy," Searls said, noting that detainees who are busy and happy cause fewer problems.

Handling complaints and suggested improvements

But there are complaints, Searls said. If there is a complaint, it is fully investigated, even complaints against guards.

And staff is open to suggestions for improvements from detainees.

"A lot of the changes we've made over the past 20 years have come from suggestions by detainees," Searls said.

All communications, except for communications with attorneys are monitored.

The facility also has a medical facility that might best be described as an urgent care clinic. Detainees with any medical complaint have instant access. They can even report a medical problem from the tablets available to them in their cells.

Commander Charles McGee, an Air Force veteran, is in charge of the medical staff.

The staff includes a doctor, physician's assistance, nurses, a dentist and two psychologists. 

Anything that requires hospitalization means the patient is transported, with guards, to UMMC or ECMC. If the detainee has surgery or needs other post-medical care, there are rooms in the unit available for recovery.

There are also isolation rooms for detainees with communicable diseases. While this might include flus and diseases like Ebola, the biggest concern is tuberculosis. Detainees are not transferred to their holding area until they've been cleared for TB. If the detainee won't allow a blood test, they are held in the processing area until a chest X-ray can be completed, which can take up to another 24 hours.

Receiving visitors and preparing meals

Once officially a detainee, detainees can receive vistors. There is a visitor area with a dozen private booths (the ones for detainees and their attorenys are slightly larger). In general, detainees can visit with family members for up to an hour, but when family members have made a long, special trip to visit a detainee, they might be able to visit for the full two hours in the morning, and the full two hours in the afternoon, and then again in the evening.

"They've come a long way, so we try to accommodate that as much as possible," Searls said.  

As you might imagine, with a population of several hundred men and women from 80 different countries, some with medical conditions and a variety of religious beliefs or dietary habits, keeping them all properly fed can be a challenge.

The kitchen staff -- which includes trusted detainees -- prepares three meals a day -- for a total of 2,500 to 2,800 calories per day -- that are delivered to cells and dorms that accommodate those detainees' concerns. Though no meal ever contains any pork so that those with religious prohibitions against eating pork need not worry that their meals were prepared in a kitchen that also prepared pork.

"We do have turkey bacon," Searls said.

There is a religious advisor on staff and the facility does its best to accommodate every religious faith.

When trouble crops up

No facility with more than 600 people of various backgrounds, beliefs, and life experiences will always be peaceful. There are no gangs in the facility, Searls said, but that doesn't mean there are not gang members in the population. For the most part, the detainees are focused on dealing with their immigration cases and aren't house there long enough to form affiliations.

But when there are fights, the individuals are separated and taken to a section of the facility with isolation cells. The incident is investigated, which could lead to one participant or the other being held in isolation longer than the other. Searls said it's really just a cooling-off period. It's not like, he said, Attica or Pelican Bay, where inmates might be kept in solitary confinement for 60 days or longer. At most, a detainee is held in isolation for 10 days. While in isolation, they get one hour a day for outside their cell for exercise (Searls is only required to provide one hour every five days) and receive a daily visit from a staff psychologist.

Detainees can also request protective custody. That request is always granted without question, Searls said. Even if staff might suspect paranoia, the request for protective custody in an isolation cell is always granted.

"If someone has an issue, even if it's just in their own mind, if they feel it's necessary, I don't tell them they don't," Searls said.

By no means a vacation spot, but scores high on accreditation

If anything about our story makes it sound like the Buffalo Federal Detention Facility is a country club, it's not. With nearly uniformly white walls and gray doors, thick, concrete block, windowless walls, constant monitoring, hours of confinement to a limited space, meals and snacks only on schedule, some limits on contact with the outside world, being locked up with people you didn't choose to hang out with, and very few opportunities to see the sun, this is no Miami Beach vacation. It's serious business.

And it's a business Searls and Feeley are clearly proud to lead. Of the five ICE detention facilities in the United States, they think the best one is in Batavia. The facility scored a 99.4, out of a possible score of 100, in a recent accreditation by the American Correctional Association.

The facility has in fact scored well in every accreditation and review it has received. It was important to Searls and Feeley that readers know how well it does on its audits and inspections, which Searls said is a credit to the staff and Feeley said the facility has good staff because of the strong, blue-collar work ethic of Western New Yorkers.

The facility has always drawn its staff from the region and in its 20th year it boasts of having little turnover; many of the new staff members are relatives, even sons and daughters, of current or former staff members.

"You're usually not going to have family seek employment at some place that isn't a good place to work," Searls said.

Screen capture from the Genesee County GIS Mapping Service.

McMurray calls Collins acceptance of donations from drug companies 'shameless'

By Howard B. Owens

Press release:

Nate McMurray, Democrat and Working Families Party Congressional candidate in NY-27, released the following statement in response to fundraising figures released by his opponent, Chris Collins who is currently out on bail after being indicted on charges of insider trading and lying to the FBI.

“Let me get this straight: Chris Collins sat on the board of a drug company, then conspired to make sure he didn’t lose money when a drug trial failed, then lied about it to the FBI, then decided he’d run for re-election because his lawyers thought it would keep him out of jail and now the only financial support for his campaign comes from pharmaceutical special interests? If it wasn’t so shameless, it would be unbelievable,” McMurray said.

“Who is Chris Collins beholden to? Not the voters, he won’t even meet with them. But his buddies in the pharmaceutical industry? Yes, and he’ll end up in jail because of it. Now we have evidence that he’s using his campaign as a slush fund to pay his attorneys even after he said he wouldn’t.

“Mr. Collins has said that his loyalty is to his donors, but he doesn’t seem to have many of those either. He spent more on fundraising consultants and fundraising events than he’s earned.

“Support is fading, Chris. People see that your campaign gets more desperate by the day. I’m proud that we’ve had thousands of hard-working Americans chipping in through potlucks and picnics to fight the corruption they see in Washington. They know we can do better than a member of Congress out on bail and has been kicked off of every Congressional committee.”

A third-quarter filing with the Federal Election Commission by Collins shows his campaign raised a mere $32,755.74 in the last three months.

Last week, McMurray announced that he raised more than $475,000 in the third quarter, the vast majority of it in the seven weeks following Collins’ indictment. McMurray’s impressive fundraising comes even as he will not accept corporate PAC money.

He was recently endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans. McMurray’s full announcement is here.

McMurray's impressive fundraising kicked off a week of good news as a recent poll showed McMurray tied with Chris Collins. And today, McMurray’s advertisements went on the air. Momentum is building for McMurray in NY-27.

Photos: Vision 2020 ground breaking

By Howard B. Owens


School district officials, staff and local elected leaders were on hand this morning at John Kennedy School for the official ground breaking of the City Schools' $26.7 million capital improvement project, Vision 2020.

The project includes a number of significant upgrades to all of the school facilities in the district as well as a new sports complex at Union and Richmond, the current site of Van Detta Stadium, in Batavia.

Below, Board President Pat Burk, Assemblyman Steve Hawley, and Superindentent Chris Dailey.

Minor injury accident reported at intersection near GCC

By Howard B. Owens

A two-car minor injury accident is reported at Batavia Stafford Townline Road and Assembly R. Stephen Hawley Road.

Two ambulances, non-emergency, are requested to the scene.

Town of Batavia Fire responding.

Ellicott Street partially closed this afternoon by milk product spill

By Howard B. Owens

A tanker from O-AT-KA Milk Products Cooperative Inc. started leaking as it drove down Ellicott Street, west of Jackson Avenue, at about 3 p.m. and as a result, the westbound lanes of Ellicott, between Jackson and Court, have been closed since.

The cleanup work is nearly done and the roadway should reopen shortly.

The tanker was carrying production waste product, which can be used by farmers for dairy feed or spread on crop fields.

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